Elysium Healthcare No.2 Ltd v Ogunlami (VICTIMISATION DISCRIMINATION - Protected disclosure) [2019] UKEAT 0116_18_1202 (12 February 2019)

Elysium Healthcare No.2 Ltd v Ogunlami (VICTIMISATION DISCRIMINATION - Protected disclosure) [2019] UKEAT 0116_18_1202 (12 February 2019)

The claimant made protected disclosures within the meaning of section 43B(1) ERA 1996, held a subjective and reasonable belief in breach of legal obligation and public interest, the disclosures contained sufficient information, and the detriments suffered were materially influenced by the disclosures. The Employment Tribunal's findings were supported by evidence and correct in law.

Citation
[2019] UKEAT 0116_18_1202
Parties
Respondent: Priory Group; Appellant: [Name Redacted] (Claimant)
Jurisdiction
United Kingdom
Judgment Date
12 February 2019
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Protected Disclosure, Whistleblowing, Victimisation Discrimination, Detriment, Public Interest Disclosure, Employment Rights Act 1996
Employment Law Protected Disclosure Whistleblowing Victimisation Discrimination Detriment Public Interest Disclosure Employment Rights Act 1996

Case Brief

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Parties

Priory Group

Respondent

[Name Redacted] (Claimant)

Appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant made qualifying protected disclosures under section 43B(1) Employment Rights Act 1996
  2. 2 Whether the claimant had a subjective and reasonable belief in breach of legal obligation and public interest
  3. 3 Whether the disclosures amounted to 'information' under the statutory test

Ratio Decidendi

The claimant made protected disclosures within the meaning of section 43B(1) ERA 1996, held a subjective and reasonable belief in breach of legal obligation and public interest, the disclosures contained sufficient information, and the detriments suffered were materially influenced by the disclosures. The Employment Tribunal's findings were supported by evidence and correct in law.

Court Disposition

Appeal dismissed

Orders

  • Compensation of £7,500 awarded for injury to feelings to the claimant.